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DARVILLE v. DADE COUNTY SCHOOL BOARD

No. 72-1451-Civ-CA.

351 F.Supp. 1249 (1972)

Shirley DARVILLE et al., Individually, and as next friend, etc. of their respective minor children, etc., and the City of Hialeah, etc. v. DADE COUNTY SCHOOL BOARD et al.

United States District Court, S. D. Florida, Miami Division.

December 28, 1972.

Attorney(s) appearing for the Case

Philip Carlton, Jr., Miami, Fla., for plaintiffs.

Frank A. Howard, Jr., Miami, Fla., for School Board.

ATKINS, District Judge.

This cause is before the Court on defendants' motion to dismiss, following a hearing on said motion and submission of supplemental memoranda requested by the Court. It presents the important question of the effect of the Education Amendments of 1972, Public Law 92-318, and especially § 806 thereof, on school board implemented, but non-court-ordered, transportation of students to maintain racial balance and to prevent reversion to a dual...

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